Court No. - 29 Case :- WRIT - C No. - 36019 of 2010 Petitioner :- Jagdish Prasad Respondent :- State Of U.P. And Others Petitioner Counsel :- Kamlesh Kumar Yadav Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
Petitioner before this Court claims a share in House No. 828
Katra, Allahabad. It is stated that certain portion of the house
has been sold by Kamla Devi and Anand Kumar Gupta, after
the death of Ramesh Chandra Gupta (husband and father),
to one Atish Kumar Gupta. It is stated that Atish Kumar Gupta
is threatening to dispossess the petitioner by force from the
undivided share of the petitioner in the said house.
In the facts and circumstances of the case, we are of the
considered opinion that the writ petition raises purely factual
issues qua the share of the petitioner in the property in
question and as to whether the property continues to be joint
as on date. Therefore, writ is not the proper remedy.
Petitioner is at liberty to file a civil suit where his right to the
property as well as the legality of the sale effected by Kamla
Devi and Anand Kumar Gupta may be examined.
Writ petition is dismissed.
Dated : 21.06.10
VR/W.P. 36019/10
Order Date :- 21.6.2010
VR